Creative Commons
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS
PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND
AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS
YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF
SUCH TERMS AND CONDITIONS.
1. Definitions
a. "Collective Work" means a work, such as a periodical issue,
anthology or encyclopedia, in which the Work in its entirety in
unmodified form, along with a number of other contributions,
constituting separate and independent works in themselves, are
assembled into a collective whole. A work that constitutes a
Collective Work will not be considered a Derivative Work (as
defined below) for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the
Work and other pre-existing works, such as a translation, musical
arrangement, dramatization, fictionalization, motion picture
version, sound recording, art reproduction, abridgment,
condensation, or any other form in which the Work may be recast,
transformed, or adapted, except that a work that constitutes a
Collective Work will not be considered a Derivative Work for the
purpose of this License. For the avoidance of doubt, where the Work
is a musical composition or sound recording, the synchronization of
the Work in timed-relation with a moving image ("synching") will be
considered a Derivative Work for the purpose of this License.
c. "Licensor" means the individual or entity that offers the Work
under the terms of this License.
d. "Original Author" means the individual or entity who created the
Work.
e. "Work" means the copyrightable work of authorship offered under
the terms of this License.
f. "You" means an individual or entity exercising rights under this
License who has not previously violated the terms of this License
with respect to the Work, or who has received express permission
from the Licensor to exercise rights under this License despite a
previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce,
limit, or restrict any rights arising from fair use, first sale or
other limitations on the exclusive rights of the copyright owner under
copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License,
Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
perpetual (for the duration of the applicable copyright) license to
exercise the rights in the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more
Collective Works, and to reproduce the Work as incorporated in the
Collective Works;
b. to create and reproduce Derivative Works;
c. to distribute copies or phonorecords of, display publicly,
perform publicly, and perform publicly by means of a digital audio
transmission the Work including as incorporated in Collective
Works;
d. to distribute copies or phonorecords of, display publicly,
perform publicly, and perform publicly by means of a digital audio
transmission Derivative Works;
The above rights may be exercised in all media and formats whether now
known or hereafter devised. The above rights include the right to make
such modifications as are technically necessary to exercise the rights
in other media and formats. All rights not expressly granted by
Licensor are hereby reserved, including but not limited to the rights
set forth in Sections 4(d) and 4(e).
4. Restrictions.The license granted in Section 3 above is expressly
made subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or
publicly digitally perform the Work only under the terms of this
License, and You must include a copy of, or the Uniform Resource
Identifier for, this License with every copy or phonorecord of the
Work You distribute, publicly display, publicly perform, or
publicly digitally perform. You may not offer or impose any terms
on the Work that alter or restrict the terms of this License or the
recipients' exercise of the rights granted hereunder. You may not
sublicense the Work. You must keep intact all notices that refer to
this License and to the disclaimer of warranties. You may not
distribute, publicly display, publicly perform, or publicly
digitally perform the Work with any technological measures that
control access or use of the Work in a manner inconsistent with the
terms of this License Agreement. The above applies to the Work as
incorporated in a Collective Work, but this does not require the
Collective Work apart from the Work itself to be made subject to
the terms of this License. If You create a Collective Work, upon
notice from any Licensor You must, to the extent practicable,
remove from the Collective Work any reference to such Licensor or
the Original Author, as requested. If You create a Derivative Work,
upon notice from any Licensor You must, to the extent practicable,
remove from the Derivative Work any reference to such Licensor or
the Original Author, as requested.
b. You may not exercise any of the rights granted to You in Section
3 above in any manner that is primarily intended for or directed
toward commercial advantage or private monetary compensation. The
exchange of the Work for other copyrighted works by means of
digital file-sharing or otherwise shall not be considered to be
intended for or directed toward commercial advantage or private
monetary compensation, provided there is no payment of any monetary
compensation in connection with the exchange of copyrighted works.
c. If you distribute, publicly display, publicly perform, or
publicly digitally perform the Work or any Derivative Works or
Collective Works, You must keep intact all copyright notices for
the Work and give the Original Author credit reasonable to the
medium or means You are utilizing by conveying the name (or
pseudonym if applicable) of the Original Author if supplied; the
title of the Work if supplied; to the extent reasonably
practicable, the Uniform Resource Identifier, if any, that Licensor
specifies to be associated with the Work, unless such URI does not
refer to the copyright notice or licensing information for the
Work; and in the case of a Derivative Work, a credit identifying
the use of the Work in the Derivative Work (e.g., "French
translation of the Work by Original Author," or "Screenplay based
on original Work by Original Author"). Such credit may be
implemented in any reasonable manner; provided, however, that in
the case of a Derivative Work or Collective Work, at a minimum such
credit will appear where any other comparable authorship credit
appears and in a manner at least as prominent as such other
comparable authorship credit.
d. For the avoidance of doubt, where the Work is a musical composition:
i. Performance Royalties Under Blanket Licenses. Licensor
reserves the exclusive right to collect, whether individually
or via a performance rights society (e.g. ASCAP, BMI, SESAC),
royalties for the public performance or public digital
performance (e.g. webcast) of the Work if that performance is
primarily intended for or directed toward commercial
advantage or private monetary compensation.
ii. Mechanical Rights and Statutory Royalties. Licensor
reserves the exclusive right to collect, whether individually
or via a music rights agency or designated agent (e.g. Harry
Fox Agency), royalties for any phonorecord You create from
the Work ("cover version") and distribute, subject to the
compulsory license created by 17 USC Section 115 of the US
Copyright Act (or the equivalent in other jurisdictions), if
Your distribution of such cover version is primarily intended
for or directed toward commercial advantage or private
monetary compensation.
e. Webcasting Rights and Statutory Royalties. For the avoidance of
doubt, where the Work is a sound recording, Licensor reserves the
exclusive right to collect, whether individually or via a
performance-rights society (e.g. SoundExchange), royalties for the
public digital performance (e.g. webcast) of the Work, subject to
the compulsory license created by 17 USC Section 114 of the US
Copyright Act (or the equivalent in other jurisdictions), if Your
public digital performance is primarily intended for or directed
toward commercial advantage or private monetary compensation.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING,
LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY,
OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT
DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY
APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY
LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK,
EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
a. This License and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this
License. Individuals or entities who have received Derivative Works
or Collective Works from You under this License, however, will not
have their licenses terminated provided such individuals or
entities remain in full compliance with those licenses. Sections 1,
2, 5, 6, 7, and 8 will survive any termination of this License.
b. Subject to the above terms and conditions, the license granted
here is perpetual (for the duration of the applicable copyright in
the Work). Notwithstanding the above, Licensor reserves the right to
release the Work under different license terms or to stop
distributing the Work at any time; provided, however that any such
election will not serve to withdraw this License (or any other
license that has been, or is required to be, granted under the terms
of this License), and this License will continue in full force and
effect unless terminated as stated above.
8. Miscellaneous
a. Each time You distribute or publicly digitally perform the Work
or a Collective Work, the Licensor offers to the recipient a
license to the Work on the same terms and conditions as the license
granted to You under this License.
b. Each time You distribute or publicly digitally perform a
Derivative Work, Licensor offers to the recipient a license to the
original Work on the same terms and conditions as the license
granted to You under this License.
c. If any provision of this License is invalid or unenforceable
under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this License, and
without further action by the parties to this agreement, such
provision shall be reformed to the minimum extent necessary to make
such provision valid and enforceable.
d. No term or provision of this License shall be deemed waived and
no breach consented to unless such waiver or consent shall be in
writing and signed by the party to be charged with such waiver or
consent.
e. This License constitutes the entire agreement between the
parties with respect to the Work licensed here. There are no
understandings, agreements or representations with respect to the
Work not specified here. Licensor shall not be bound by any
additional provisions that may appear in any communication from
You. This License may not be modified without the mutual written
agreement of the Licensor and You.